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JITENDER ARORA & ORS. vs. SUKRITI ARORA & ORS.

SCR Citation: [2017] 1 S.C.R. 707
Year/Volume: 2017/ Volume 1
Date of Judgment: 17 February 2017
Petitioner: JITENDER ARORA & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2017 INSC 152
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: SUKRITI ARORA & ORS.
Case Type: CRIMINAL APPEAL /717/2013
Order/Judgment: Judgment
1. Headnote

Custody - Child custody - Matrimonial dispute - Wife obtained ex parte divorce from U.K. court whereas husband obtained from Indian court - Husband shifted to India along with the daughter - Habeas Corpus petition by wife seeking.directions that the husband to handover the custody of the daughter to her - Petition allowed by the High Court - Appeal before this Court - Stay of the High Court judgment - Held: Paramount consideration is the welfare of the child - Daughter. is a mature girl of 15 years of age who can decide what is best for her - In spite of giving ample chances to the mother by giving temporary custody of the daughter to her, mother was not able to win over the confidence of the daughter - Daughter unequivocally expressed her desire to be with her father and stated that she did not want to go to U.K. - Court cannot take the risk of sending her to U.K. against her wishes, which may prove to be a turbulent and tormenting experience for her and would not be in her interest - Thus, the welfare of the daughter lies in the continued company of her father which appears to be in her best interest - Thus, the judgment of the High Court is set aside.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Custody - Child custody - Matrimonial dispute - Wife
5. Equivalent citation
    Citation(s) 2017 AIR 957 = 2017 (3) SCC 726 = 2017 (3) Suppl. SCC 726 = 2017 (2) JT 461 = 2017 (2) Suppl. JT 461 = 2017 (3) SCALE 7